Search Results for "Bombay Rent Act Eviction"

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High Court

Bombay High Court Partially Allows Petition Against Appellate Court's Order Directing Deposit of Fair Market Rent as Pre-condition for Stay of Eviction Decree in License Case. The court held that the principle of Atma Ram Properties applies to licensees but the Appellate Court cannot split the period of unlawful occupation; the licensee must deposit contractual compensation from termination of license till disposal of appeal.

27 Sep 2024

The petitioner, Safset Agencies Private Ltd., a company dealing in art, was a licensee under a Leave and Licence Agreement dated 25 September 2006 wit...

High Court

Bombay High Court Allows Landlord's Petition in Rent Default Case — Eviction Decree Restored. Tenant's failure to pay rent for over six months constitutes wilful default under Section 22(2)(a) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968.

27 Jul 2022

The petitioners, landlords of a commercial premises, sought eviction of the respondent tenant on the ground of default in payment of rent under Sectio...

High Court

Bombay High Court Allows Tenant's Writ Petition in Eviction Case Based on Denial of Title — Rent Controller's Order Restored. Landlady's eviction application dismissed as denial of title was not bona fide and tenant continued to pay rent.

14 Jan 2021

The dispute pertains to a residential house in Panaji, Goa, leased by Antonio Neri Francisco Fernandes to Chintamona Boirov Moralkar in 1952. After Ch...

High Court

Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Upholds Concurrent Findings of Tenancy and Subletting. Landlord's claim for possession under Section 16 of the Maharashtra Rent Control Act, 1999 fails as subletting was not proved and tenant's possession was lawful.

27 Apr 2020

The case involves two civil revision applications arising from a dispute between the landlords (M/s. K. B. Lahoti and Company and others) and the tena...

High Court

Bombay High Court Dismisses Tenant's Writ Petition in Rent Default and Subletting Case — Concurrent Findings of Fact Not Disturbed Under Article 227. Consent Decree Rent Treated as Standard Rent; Subletting Proved by Documentary Evidence.

18 Sep 2019

The petitioner, a partnership firm, was a tenant in a building owned by the respondents. The building was demolished and reconstructed, and the tenant...

High Court

Bombay High Court Allows Landlords' Revision in Eviction Suit, Remands for Fresh Consideration on Subletting and Bona Fide Need. Court holds that appellate court failed to properly consider evidence of subletting and that the tenant's claim of part performance under Section 53A of Transfer of Property Act, 1882 was not established.

15 Jul 2019

The applicants, original plaintiffs and landlords, filed an eviction suit against the sole defendant-tenant in the Court of Small Causes at Bombay. Th...

High Court

Bombay High Court at Goa Upholds Appellate Authority's Order Allowing Landlord's Application Under Section 32(4) of Goa Rent Act for Non-Payment of Rent — Tenant's Justification of Family Litigation Rejected as Insufficient Cause. The court held that the tenant's default in depositing rent for over 9 years during the appeal warranted the drastic remedy of stopping proceedings and directing possession under Section 32(4) of the Goa, Daman & Diu (Lease, Rent and Eviction) Control Act, 1968.

21 Dec 2016

The petitioner, Smt. Kanchan Ramdas Moraskar, was a tenant of premises owned by the respondent, Dr. Armando Joao Benedito Mascarenhas (since deceased,...

High Court

Bombay High Court Allows Landlord's Revision Against Reversal of Eviction Decree in Rent Default Case. Tenant's Willful Default Established Despite Claim of Payment Through Money Orders.

30 Jul 2015

The case involves a civil revision application filed by the landlord, Anant Tulshiramji Bajaj, against the judgment and decree of the Principal Distri...

High Court

Bombay High Court Allows Tenant's Writ Petition Against Eviction Order in Rent Control Case — Administrative Tribunal's Order Set Aside for Violation of Natural Justice and Lack of Proper Inquiry Under Section 32(4) of Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968. The court held that the Tribunal failed to conduct a summary inquiry and give the tenant a fair hearing before directing eviction.

10 Oct 2013

The petitioner, Smt. Kanchan Ramdas Morascar, was a tenant in a premises used for shoe business, originally leased to her father-in-law and later cont...

High Court

Bombay High Court Allows Writ Petition Against Eviction Notice Under Public Premises Act — Tenant's Rights Upheld. The Court held that premises owned by a nationalised company not taken over by the Central Government are not 'public premises' under Section 2(e) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, and the eviction notice was invalid.

7 Jun 2010

The petitioner, Dr. Suhas H. Pophale, filed a writ petition under Article 226 of the Constitution of India challenging the judgment and order of the P...

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